Landmark rulings strengthen gay rights in workplace

Discrimination against gay people in the workplace will be treated more harshly by the courts after two landmark judgments yesterday.

Lillian Ladele, the registrar who refused to conduct same-sex civil partnership ceremonies "as a matter of religious conscience", lost her case against Islington council in north London. And Stephen English, a married man who was driven out of his job after being repeatedly called a "faggot" by colleagues had an employment tribunal ruling that he had not been the victim of sexual harassment overturned by the court of appeal.

The employment appeal tribunal ruled that Islington council had been entitled to discipline Ladele and threaten her with dismissal, even though her conduct was the result of "her strong and genuinely held Christian beliefs".

The council had been entitled to the view that "it was unacceptable discrimination for the claimant to refuse to participate in civil partnership ceremonies. It offended some gay employees and involved discriminating against third parties making use of the services of the council." Although the tribunal acknowledged that changes in social attitudes towards gay people could be "genuinely perplexing" for some religious groups, it ruled that it was proportionate for the council to require its registrars to conduct civil partnerships. Ladele, whose case was financed by the Christian Institute's Legal Defence Fund, said she would appeal.

"The issues involved are iconic of a situation where there are clearly clashes," said Mike Judge, a spokesman for the Christian Institute. "Many Christians will feel that religious rights always play second fiddle to sexual orientation rights and we feel a more balanced approach is needed."

Islington councillor John Gilbert said the judgment "provides clarity for employers across the country in requiring their employees to act in a non-discriminatory manner when discharging their public service duties".

In the second case, the appeal court heard that English, married with three children, had been told by an employment tribunal that he could not be the victim of harassment based on sexual orientation because he was not gay. He had been subject to "homophobic banter" because he attended a boarding school and lived in Brighton, the court of appeal heard.

The court said: "The incessant mockery created a degrading and hostile working environment, and it did so on grounds of sexual orientation."

"Until now, victims of this type of abuse had little or no legal protection," said John Wadham, legal director of the Equality and Human Rights Commission, which backed the case. "The fact that Stephen English's colleagues knew he wasn't gay does not excuse their behaviour, nor should it prevent him from enjoying the same rights to dignity and respect at work."